South Africa Case Law

Moloi v Chemical, Energy, Print, Paper and Wood Workers Union and Another (J306/2024)

Moloi v Chemical, Energy, Print, Paper and Wood Workers Union and Another (J306/2024) [2024] ZALCJHB 164 (4 April 2024)

Court

Labour Court Johannesburg

Case number

J306/2024

Judge

R G Lagrange

The court found that the applicant failed to provide adequate justification for the urgency of the application, which was launched on extremely short notice. The applicant did not explain why the application to stay the section 188A enquiry was not brought simultaneously with the review application, nor why the timeframes were so compressed. While the salary deduction claim was slightly more justifiable, the applicant's conduct in bringing the application on two days' notice placed undue pressure on the respondents and the court. The court concluded that the application was not sufficiently u…

Source excerpt

• Urgent Interdict
• Section 188a Enquiry
• Salary Deduction
• Unfair Labour Practice
• Basic Conditions Of Employment Act
• Disciplinary Proceedings

Mangcu v City of Johannesburg (J1038/16)

Mangcu v City of Johannesburg (J1038/16) [2017] ZALCJHB 351; [2017] 10 BLLR 1055 (LC) (22 February 2017)

Court

Labour Court Johannesburg

Case number

J1038/16

Judge

Prinsloo

The Labour Court held that a salary reduction following demotion under an arbitration award was lawful and dismissed the application with costs.

• Demotion
• Salary Deduction
• Arbitration Award
• Basic Conditions Of Employment Act
• Contract Of Employment
• Salary-deduction

Kgwadi v Cwele NO and Another (56481/11)

Kgwadi v Cwele NO and Another (56481/11) [2016] ZAGPPHC 1128 (10 November 2016)

Court

North Gauteng High Court, Pretoria

Case number

56481/11

Judge

MNGQIBISA-THUSI

The High Court dismissed an application challenging a refused transfer, salary deductions for an erroneous payment, and a performance assessment.

• Promotion Of Administrative Justice Act
• Unfair Labour Practice
• Interdepartmental Transfer
• Salary Deduction
• Performance Assessment
• Administrative-law

Cloete v MEC: Department of Education: NC and Others (CA&R63/15)

Cloete v MEC: Department of Education: NC and Others (CA&R63/15) [2016] ZANCHC 15 (5 February 2016)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 63/15

Judges

Kgomo JP, Pakati J

The High Court dismissed a review application over a salary deduction, holding that the dispute fell within Labour Court jurisdiction and that internal remedies were not exhausted.

• Jurisdiction Of Labour Court
• Exhaustion Of Internal Remedies
• Salary Deduction
• Mandamus
• Benefits Under Labour Relations Act
• Labour-court-jurisdiction

POPCRU obo Tshaka v Minster of Correctional Services and Another (J1777/12)

POPCRU obo Tshaka v Minster of Correctional Services and Another (J1777/12) [2016] ZALCJHB 460 (25 January 2016)

Court

Labour Court Johannesburg

Case number

J1777/12

Judge

A van Niekerk

The court held that the deduction of R9181.03 from the applicant's salary was lawful. The deduction was made to recover an overpayment resulting from the applicant's irregular promotion, which was set aside. Section 34(2) of the BCEA does not apply to recovery of overpaid salary, as it only governs deductions for loss or damage caused by the employee. Instead, section 38 of the Public Service Act permits such deductions, and the financial circular authorising the deduction was in accordance with this statutory provision. The applicant was given an opportunity to make submissions before the de…

Source excerpt

• Salary Deduction
• Basic Conditions Of Employment Act
• Public Service Act
• Unlawful Deduction

Pride Milling Company (Pty) Ltd v Kgatla and Others (JR 342/12)

Pride Milling Company (Pty) Ltd v Kgatla and Others (JR 342/12) [2014] ZALCJHB 521 (17 March 2014)

Court

Labour Court Johannesburg

Case number

JR 342/12

Judge

R Lagrange

The court held that the arbitrator's findings were not unreasonable. The arbitrator correctly considered whether dismissal was an appropriate sanction in light of the employee's admission of guilt, willingness to pay for the damage, and the excessive nature of the proposed salary deduction relative to his earnings. The arbitrator's view that the employer should have negotiated a more reasonable deduction and that progressive discipline was more appropriate was supported by the evidence. The employer's insistence on a specific repayment rate, which exceeded the permissible statutory limit, did…

Source excerpt

• Unfair Dismissal
• Progressive Discipline
• Salary Deduction
• Condonation
• Basic Conditions Of Employment Act

George v MEC of Health, Eastern Cape (179/2008)

George v MEC of Health, Eastern Cape (179/2008) [2010] ZAECMHC 1 (4 February 2010)

Court

Eastern Cape High Court, Mthatha

Case number

179/2008

Judge

C.T. Sangoni

The High Court held that monthly salary deductions to recover an erroneous payment were unlawful and ordered repayment and restoration of the applicant’s salary.

• Salary Deduction
• Basic Conditions Of Employment Act
• Public Service Act
• Unlawful Deduction
• Audi Alteram Partem
• Erroneous Payment

Sibeko v Commission for Conciliation Mediation and Arbitration and Others (J5978/00)

Sibeko v Commission for Conciliation Mediation and Arbitration and Others (J5978/00) [2001] ZALC 17 (2 February 2001)

Court

Labour Court

Case number

J5978/00

Judge

E Revelas

The Labour Court dismissed an urgent application to stop salary recovery after the applicant had been overpaid in error, holding the employer could correct the amount.

• Salary Deduction
• Overpayment Recovery
• Basic Conditions Of Employment Act
• Urgent Interdict
• Salary-deduction
• Overpayment-recovery